Identity Theft in the Third Degree

What the prosecutor must prove

• The accused knowingly and with intent to defraud assumed the identity of another person or used their personal identifying information.
• The accused thereby obtained goods, money, property or services, used credit in that person's name, or committed a crime.

Defenses that commonly apply

• Permission to use the information (for example, a family member's account).
• No intent to defraud; digital-evidence attribution problems.
• The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
• Challenging identification, witness credibility, and the reliability of statements to police.
• Suppression of evidence or statements obtained in violation of constitutional rights.

Penalties and collateral consequences

A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to Up to $1,000 or up to twice the gain.

Every case turns on its own facts. The information on this page is general, not legal advice.